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HUDNELL v. ALLSTATE INS. CO.

No. 1 CA-CV 96-0419.

945 P.2d 363 (1997)

190 Ariz. 52

Francis HUDNELL, Plaintiff-Appellee, Cross Appellant, v. ALLSTATE INSURANCE COMPANY, Garnishee-Appellant, Cross Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied May 7, 1997.

Review Denied October 21, 1997.

Attorney(s) appearing for the Case

Ridenour, Swenson, Cleere & Evans, P.C. by Harold H. Swenson, Scott A. Holden, Phoenix, for Allstate Insurance Co.

Elonica J. Poggi, P.C. by Elonica J. Poggi, Phoenix, for Hudnell.

OPINION

TOCI, Judge.

Allstate Insurance Company ("Allstate") appeals from the trial court decision holding it liable as garnishee for a judgment in favor of Francis Hudnell against Michael Drobitsky, an insured under an Allstate homeowner's policy. The $111,000 net judgment arose from an accident that occurred when Drobitsky, test driving his all-purpose dirt bike after having made repairs on it in his driveway, collided with Hudnell on an unpaved, public...

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